Kaur (Migration)

The Administrative Appeals Tribunal considered the application of Ms Kaur for a Skilled (Provisional) (Class VC) visa, subclass 485 (Temporary Graduate) – Post-Study Work stream. The primary issue before the Tribunal was whether Ms Kaur met the Australian study requirement for the visa, which mandates the completion of a specified qualification within the six months immediately preceding the visa application.

The Tribunal was required to determine if Ms Kaur held a qualification specified by the Minister, awarded by a specified educational institution, and if her study for that qualification satisfied the Australian study requirement. This involved interpreting the definition of "completed" in relation to a qualification, which means meeting the academic requirements for its award, and the duration of an "academic year" as defined by legislative instruments.

The Tribunal found that Ms Kaur held a Master of Professional Accounting from Edith Cowan University, both of which were specified in the relevant ministerial instruments. The core of the dispute concerned the timing of the completion of her studies. While Ms Kaur had met the academic requirements for her degree, the formal conferral of the qualification was delayed due to a deferred examination and subsequent ratification by a Board of Examiners. The Tribunal concluded that "completion" for the purposes of the Australian study requirement refers to the satisfaction of academic requirements, not necessarily the formal conferral date. However, the specific timing of Ms Kaur's completion relative to her visa application date meant she did not satisfy the requirement that her study be completed in the six months immediately before the application was made.

Consequently, the Tribunal affirmed the decision not to grant Ms Kaur the Skilled (Provisional) (Class VC) visa. The Tribunal also noted that a secondary visa applicant, who was not a member of the family unit of a Subclass 485 visa holder, also did not meet the criteria for their visa application.